Did you know that in 2023, Texas has one of the highest rates of aggravated assault offenses in the US, with about 85,914 incidents reported? That’s correct.
Aggravated assault charges are serious in Texas, often leading to severe penalties. However, the stakes are even higher if you have prior convictions. Therefore, you need a professional criminal assault lawyer in Texas to deal with these charges. Understanding how a criminal record impacts your case can help you take steps to protect your rights and future. Let’s discuss this further.
How Prior Convictions Affect Aggravated Assault Cases
A prior criminal record can significantly influence your aggravated assault case. Here’s how:
1. Enhanced Charges and Penalties
Texas Penal Code allows for sentence enhancements based on prior convictions. For example:
- A second-degree felony could be elevated to a first-degree felony if you have a history of violent crimes.
- Repeat offenders may face harsher sentences, including life imprisonment in extreme cases.
2. Sentencing Guidelines
Judges consider criminal history when determining sentences. A record of violent offenses may result in less leniency, even for first-time aggravated assault charges.
3. Prosecutor Strategy
Prosecutors often use prior convictions to argue that the defendant poses a continuing threat to society. This can make plea deals less favorable and result in more aggressive prosecution.
4. Challenges in Building a Defense
Prior convictions can weaken your defense strategy. For instance, a history of similar charges may cast doubt on claims of self-defense or wrongful accusation.
Defending Against Aggravated Assault Charges with Prior Convictions
Facing aggravated assault charges with a prior record is daunting, but a skilled criminal defense lawyer can help. Here are key defense strategies:
1. Questioning Evidence
Your criminal lawyer will scrutinize the evidence to ensure it was lawfully obtained and accurately presented. Any flaws in the prosecution’s case can be grounds for dismissal or reduced charges.
2. Arguing for Mitigating Circumstances
Even with prior convictions, mitigating factors — such as provocation, self-defense, or lack of intent — can lead to lesser charges or reduced penalties.
3. Highlighting Rehabilitation Efforts
Demonstrating positive changes since your prior convictions, such as employment or community involvement, can influence the court’s perception and lead to more lenient sentencing.
Why You Need a Criminal Defense Lawyer in San Antonio, TX
The stakes are too high to face aggravated assault charges alone, especially with a criminal record. A criminal assault lawyer in San Antonio, TX, understands local laws, prosecutors, and judges, giving you a strategic advantage. They can:
- Challenge enhancements based on prior convictions.
- Negotiate plea deals that minimize penalties.
- Build a strong case to protect your rights and freedom.
Contact The Law Office of Robert M. Maurer II & Associates For Aggravated Assault Charges
If you’re facing aggravated assault charges and have prior convictions, don’t risk a harsher sentence. The Law Office of Robert M. Maurer II & Associates offers experienced legal representation in San Antonio. With over 30 years of expertise, our criminal assault lawyers in Texas understand how your past can affect your case and work hard to protect your future. Contact us for a confidential consultation and get the defense you need today.
